Smt Pankaja Mahadevaiah vs Dr Kumarswamy Krishnappa
2025 Latest Caselaw 1805 Kant

Karnataka High Court

Smt Pankaja Mahadevaiah vs Dr Kumarswamy Krishnappa on 29 July, 2025

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                -1-
                                                             NC: 2025:KHC:29040
                                                         MFA No. 3840 of 2018


                      HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 29TH DAY OF JULY, 2025

                                              BEFORE
                       THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                      MISCELLANEOUS FIRST APPEAL NO. 3840 OF 2018 (CPC)
                      BETWEEN:

                      SMT. PANKAJA MAHADEVAIAH
                      W/O A.MAHADEVAIAH,
                      R/AT 1696, 15TH MAIN
                      30TH CROSS, BANASHANKARI 2ND STAGE,
                      BENGALURU-560 070.
                                                                   ...APPELLANT
                      (BY SRI. GURU PRASANNA S., ADVOCATE)

                      AND:

                      DR. KUMARSWAMY KRISHNAPPA
                      S/O AKRISHNAPPA,
                      NO.245/1, A GOVINDA SHETTY PALYA ROAD,
                      NEAR ANUGRAHA HOSPITAL
                      KONAPPANA AGRAHARA,
                      BANGALORE SOUTH,
Digitally signed by   ELECTRONIC CITY,
RAMYA D
Location: HIGH        BANGALORE-560 100.
COURT OF
KARNATAKA                                                        ...RESPONDENT

                      (BY SRI. RAJENDRA.M.S. &
                          SMT. MAYA HOLLA., ADVOCATES FOR C/R)

                             THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
                      AGAINST THE ORDER DT.26.04.2018 PASSED ON IA NO.1 IN
                      O.S.NO.2541/2018 ON THE FILE OF THE XLIV ADDITIONAL
                                -2-
                                              NC: 2025:KHC:29040
                                           MFA No. 3840 of 2018


HC-KAR




CITY    CIVIL   &   SESSIONS   JUDGE,     BENGALURU    (CCH-45),
ALLOWING IA NO.1 FILED U/O.39 RULE 1&2 OF CPC.

        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:      HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

                        ORAL JUDGMENT

Learned counsel for the appellant has filed a memo

stating that, after the demise of Smt.Pankaja

Mahadeviah/Appellant, the cause of action did not survive

against the LRs of Smt.Pankaja Mahadeviah. Hence, by order

dated 31.08.2024, the learned trial Court dismissed the suit in

O.S.No.2541/2018 as abated and therefore the appeal may be

disposed of as having become infructuous.

3. The memo is taken on record.

4. Therefore, the appeal is dismissed as having become

infructuous.

Sd/-

(HANCHATE SANJEEVKUMAR) JUDGE